Email implies minister had made mind up on marina

Emails filed in the High Court in support of a challenge to the Whangamata Marina decision threaten to embarrass senior Labour figures.

In one email, Waitakere Mayor and a former Labour Party president, Bob Harvey, implies that on the same day Conservation Minister Chris Carter distanced himself from a Herald report saying he would veto the project, he told Mr Harvey he would oppose it.

Mr Carter has told Parliament Mr Harvey rang him on the day the story was published - March 1 - but said he told the mayor he had made no decision.

But the email sent from Mr Harvey to Auckland architect Stephen Smythe late that day, reveals Mr Harvey had a different understanding of the conversation.

Headed "urgent - Whangamata Bar", the email said "Stephen - in strictest confidence, can I ask you to assemble for the minister a range of spokesmen to support him in his decision on Whangamata Bar. My suggestion is that you get a wide circle of famous surfers ... some oceanographers, architects, sea and beach stakeholders."

The minister felt it would be "overkill" for Mr Harvey to lead the charge for various reasons, including the fact he didn't live in the area.

"So he has asked me to assist quickly and effectively in getting a group of people together to support him ... this needs to be done quickly."

The day after Mr Harvey wrote the email, Mr Carter agreed to delay his decision several days, ostensibly to enable the Whangamata Marina Society to provide him with further evidence in favour of the marina.

The email is one of several exchanges between Mr Harvey and Mr Smythe over the issue, which have been filed with the High Court in Wellington by the marina's lawyers, Chen and Palmer.

They have sought a judicial review of Mr Carter's decision not to uphold an Environment Court decision clearing the way for the marina, due to be held in August.

The marina decision created uproar among its supporters who attacked the minister for overturning the court's ruling. Environmental groups, however, applauded Mr Carter.

Crown Law has argued the emails should only be admissible if Mr Harvey provided an affidavit placing them in context.

After seeking legal advice, Mr Harvey, who initially agreed, refused.

This week, Chen and Palmer succeeded in getting the High Court to make an order requiring Mr Harvey to give a statement.

Mr Harvey, who is in China, could not be reached yesterday. Mr Smythe hung up on the Herald.

Mr Carter is refusing comment, arguing the matter is before the court.